POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Metzia 9
1) DOES RIDING ACQUIRE?
(a) Support (Beraisa): Two people were pulling a camel or
leading a donkey, or 1 was pulling and 1 leading - in
this way, they acquire;
2) ABNORMAL ACQUISITION
1. R. Yehudah says, only Meshichah (pulling) acquires a
camel, only leading acquires a donkey.
(b) Rejection: Really, riding also acquires; only pulling and
leading are mentioned, for on these they argue, the first
Tana says that either animal is acquired through either
2. [Version #1: The Beraisa mentions pulling and
leading, but not riding (this shows - riding does
(c) Question: If so, the Beraisa should teach them together -
Two people were pulling or riding, whether a camel or
(d) Answer: One of the 2 methods does not acquire 1 of the 2
1. Some say, pulling does not acquire a donkey; others
say, leading does not acquire a camel.]
(e) [Version #2 (Beraisa):...in this way, they acquire.
1. Question: What does this exclude?
(f) Rejection: No, it excludes pulling a donkey or leading a
2. Suggestion: It excludes riding.
(g) Question: But that is R. Yehudah's opinion!
(h) Answer: The first Tana holds that 1 of these acquires
(some say, pulling a donkey; others say, leading a
camel); R. Yehudah holds that neither acquires.]
(i) Question (Beraisa): Reuven was riding a donkey; Shimon
was holding the halter - Reuven acquires the donkey,
Shimon acquires the halter.
1. We conclude that riding acquires!
(j) Answer: Here also, he conducts it with his legs.
(k) Question: If so, he should also acquire the halter!
(l) Answer #1: Indeed, (the Beraisa means that) Reuven
acquires the donkey and half the halter, Shimon acquires
half the halter.
1. We understand how Reuven acquires half the halter,
for (it is like part of the donkey, and) the other
half is being held by Shimon who is also one who is
able to acquire - but Shimon only holds half (and
the donkey holds up the other half), how can he
(m) Answer #2: Indeed, Reuven acquires the donkey and the
entire halter, except for the part in Shimon's hand,
which Shimon acquires.
(n) Question: Even if you will say that if Levi lifts a found
object for Yehudah to acquire, Yehudah acquires - that is
only if Levi intends for Yehudah to acquire;
1. Here, Shimon only holds the halter to acquire it
himself - if he does not acquire it, will Reuven
acquire through Shimon's holding?!
(o) Answer #3 (Rav Ashi): Indeed, Reuven acquires the donkey
and the part of the halter in the donkey's mouth, Shimon
acquires the part he holds, neither acquires the rest of
(p) Answer #4 (R. Avahu): The Beraisa is as the simple
meaning - Shimon acquires the entire halter; because he
could yank it and it would come to him.
(q) Rejection: This is wrong!
1. If it was true - if a garment was half on the floor
and half on a post, and David picked up the part on
the floor, and then Moshe picked up the part on the
post, did David acquire it all, because he could
(a) Question (Beraisa - R. Eliezer): Riding in a field or
leading in a city acquires.
(b) Answer: There also, he conducts with his legs.
(c) Question #1: If so, that is also leading!
(d) Answer: The Beraisa speaks of 2 kinds of leading.
(e) Question #2: If so, why doesn't riding in a city acquire?
(f) Answer #1 (Rav Kahana): It is abnormal to ride in the
(g) Objection: (Rav Ashi): If so, one who picks up a wallet
on Shabbos does not acquire, for it is abnormal to do so!
1. That is not so - what he did, he did (and he
acquires) - here also!
(h) Answer #2 (Rav Ashi): The Beraisa speaks of buying; the
case is, the seller told him to acquire as people
3) PICKING UP SOMETHING FOR ANOTHER PERSON
1. In the following cases, it is normal to ride, he
would acquire: on a public road (in the city), a
distinguished person (it is not befitting him to
lead it), a woman (is unable to lead it), an
undignified person (he rides anywhere).
(i) Question (R. Elazar): Reuven told Shimon 'Pull this
animal (in order) to acquire the vessels on it' - what is
1. Objection: He did not tell him to acquire! (The
language suggests that Shimon should acquire without
Reuven's intention to transfer ownership.)
(j) Question (Ravina): If a woman was walking in the public
domain, and her husband threw a Get in her garment or
basket, she would not be divorced?!
2. Correction: Rather, he said 'Pull this animal and
acquire the vessels on it' - what is the law?
i. Does pulling the animal acquire the vessels?
3. Question (Rava): Since R. Elazar only asked when he
acquires the vessels alone - this implies, if he
said 'Acquire the animal and acquire the vessels',
he would acquire;
i. But the animal is (like) a moving Chatzer,
which does not qualify for Kinyan Chatzer
4. Suggestion: Perhaps the case is, the animal stood
5. Rejection: Anything that does not acquire if it
moves, it does not acquire if it stands still.
6. Answer: The case is, the animal was tied up and
could not move.
7. Question (against Rava - Rav Papa and Rav Huna brei
d'Rav Yehoshua): Would you say that if fish jumped
into a ship, the ship does not acquire them because
it is a moving Chatzer?!
8. Answer (Rava): The ship stands still, the water
(k) Answer (Rav Ashi): The basket stands still, she moves it.
(a) (Mishnah): Reuven was riding on an animal and saw (found)
something; he told Shimon 'Give it to me'. Shimon took it
and said 'I acquired it myself' - he acquires it;
1. If he said this after giving it to Reuven, Reuven
(b) (Gemara - Mishnah - R. Eliezer): Levi gathered Pei'ah and
said 'this is for Ploni the poor man' - he acquired for
1. Chachamim say, he must give it to the first poor
person he finds.
(c) (Ula): The argument is when Levi himself is rich:
1. R. Eliezer holds, Migo (since if) Levi would make
his property Hefker, Pei'ah would apply to him (he
could take it), even when he is rich, it applies to
(d) Question (Rav Nachman): Rather, you should say that they
argue when Levi is poor!
i. Migo (since) he could acquire it for himself,
he may acquire it for a poor person.
2. Chachamim hold, we may only use 1 'Migo'.
i. All agree that a poor person may acquire for
another poor person - Migo he could acquire it
for himself, he may acquire it for another.
1. Regarding a found object, everyone is (allowed to
take it) like a poor person - and our Mishnah says,
Reuven was riding on an animal and saw something; he
told Shimon 'Give it to me'. Shimon took it and said
'I acquired it myself' - he acquires it;
(e) Answer (Ula): Our Mishnah is when Shimon said before
picking it up that he picks it up for himself.
i. If you say that they argue by a poor person -
our Mishnah is as Chachamim (therefore, Reuven
does not acquire);
ii. But if all agree that a poor person may acquire
for another poor person - our Mishnah is not as
(f) Support (end of the Mishnah): If after giving it to
Reuven, he said 'I acquired it for myself first' - Reuven
1. Question: Obviously, he means that he acquired for
himself first - why must he say first?
(g) Rav Nachman understands, the Tana put the word first only
in the second clause to indicate that in the first
clause, he did not say this before picking it up.
2. Answer: This teaches that in the beginning of the
Mishnah, he said before picking it up that he picks
it up for himself.